Legal Definitions - litis ordinatio

Litis ordinatio is a Latin term used in Scots law that refers to the established order or regulation of a lawsuit. Essentially, it describes the specific procedural framework and sequence of steps that a legal case must follow from its beginning to its conclusion within the Scottish legal system.

This concept ensures that all legal disputes are conducted in a structured, predictable, and fair manner, guiding parties through the necessary stages of litigation, such as filing documents, exchanging evidence, and presenting arguments in court.

• Example 1: A Civil Claim for Damages

  Imagine a situation where a person in Scotland is suing a construction company for damages due to faulty work on their home. The litis ordinatio for this civil claim would dictate the precise steps: first, the homeowner's legal team would file an initial document (a 'Summons' or 'Initial Writ') outlining their claim. Next, the construction company would be required to respond within a specific timeframe. Following this, there would be stages for exchanging relevant documents and evidence (known as 'disclosure' or 'specification of documents'), potentially a preliminary hearing to clarify issues, and finally, the structured presentation of arguments and evidence before a judge. Each of these steps, and their required sequence and timing, forms part of the litis ordinatio for that particular type of civil dispute.

• Example 2: A Family Law Case for Child Contact

  Consider a divorced couple in Scotland who cannot agree on arrangements for their children's contact with one parent. When they bring this dispute to court, the litis ordinatio would govern the process. This might involve filing a specific type of application, attending a 'Child Welfare Hearing' where the judge focuses on the child's best interests, potentially engaging in court-ordered mediation, and then, if no agreement is reached, proceeding to a more formal evidential hearing. The distinct forms, hearings, and procedural requirements tailored for family matters are all components of the litis ordinatio for such cases, ensuring a structured approach to sensitive issues.

• Example 3: A Commercial Dispute Over a Contract

  Suppose two businesses in Scotland are embroiled in a complex dispute over the terms of a multi-million-pound supply contract. The litis ordinatio for this commercial litigation would involve a highly structured process. This might include detailed written pleadings outlining each party's position, extensive 'discovery' phases where vast amounts of documents and electronic data are exchanged, the appointment of expert witnesses whose reports are submitted according to a strict timetable, and a series of procedural hearings to manage the case before it reaches a full trial. The meticulous sequence and rules governing each stage, designed to manage complex evidence and arguments efficiently, exemplify the litis ordinatio in a commercial context.